A will allows you to decide who receives your property after death. If it does not meet Ohio’s legal requirements, a probate court may disregard it and apply intestacy laws instead.
Basic requirements under Ohio law
Ohio sets strict standards for creating a valid will. These rules appear in Chapter 2107 of the Ohio Revised Code and control who may make a will and how it must be executed. To create a valid will in Ohio, you must meet the following conditions:
- Written document: The will must be in writing. It may be typed or handwritten. Oral wills are valid only in rare and limited circumstances.
- Signature at the end: You must sign the will at the end. If you cannot sign, another person may sign in your conscious presence and in your direction.
- Two competent witnesses: At least two disinterested adults must witness your signing or your acknowledgment of the signature and sign in your presence.
- Age and capacity: You must be at least 18 and of sound mind at the time of signing.
- No undue influence: The will cannot result from fraud, coercion or restraint.
If one of only two witnesses is also a beneficiary, the gift to that witness may be void under Ohio law. The remainder of the will could still stand.
Why proper execution matters
Ohio probate courts closely scrutinize the manner in which a will was executed and attested. Even minor deviations from statutory formalities may provide a basis for a formal contest.
For instance, if the subscribing witnesses were not present in the testator’s conscious presence as required by statute, the probate court may decline to admit the instrument to probate. Allegations that the testator lacked testamentary capacity or was subject to undue influence can further complicate proceedings and result in evidentiary hearings.
While Ohio law permits a court to validate a document that does not strictly comply with execution requirements upon a showing of clear and convincing evidence of testamentary intent, satisfying that burden is often challenging.
Why legal guidance can help
Will formalities may appear simple but errors can undermine your estate plan. An estate planning attorney can help ensure your document follows Ohio law and reflects your intent.